Cruickshank v Varley [2003] NZLLA 337 (19 May 2003)

Last Updated: 21 July 2010

Decision No. 337/2003

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for cancellation of General Manager’s Certificate number GM 353/96 issued to SHANE VARLEY

BETWEEN ANDREW BRYAN CRUICKSHANK

(Police Officer of Takapuna)
Applicant

AND SHANE VARLEY

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

DECISION

This is an application by Constable Andrew Bryan Cruickshank, Takapuna Police, for cancellation of General Manager’s Certificate number GM 353/96 issued to Shane Varley.

The grounds for the application pursuant to s.135(3) of the Act are that the manager has failed to conduct licensed premises in a proper manner, and that the conduct of the manager has been such as to show that he is not a suitable person to hold a certificate. This results from the applicant allegedly allowing persons on premises outside of licensed hours, selling or supplying liquor outside of licensed hours, and refusing to admit the Police to licensed premises, in breach of sections 171, 165 and 176(4) of the Act respectively.

Mr Varley has stated, through counsel, that he does not seek to defend the application for cancellation of his certificate. General Manager’s Certificate number GM 353/96 issued to Shane Varley is hereby cancelled.

DATED at WELLINGTON this 19th day of May 2003

_____________________
B M HOLMES
Deputy Secretary

Varley.doc (ab)